Resignation issue

manclad25

Hi All,

I'm hoping someone can help and possibly give me some advice on my situation and my next move.

I came into work and resigned just before Christmas while on annual leave. i discussed it with my manager privately and it was accepted. I asked what the process was and whether anything was required from me. I specifically asked should i take 5 minutes to do it in writing before I go. I was told to leave it with them as they would process it with HR for me and off i went.

Coming back after the new year I was told this had to be done in writing instead before the notice period could start, i.e wasting 2 weeks of it. I did it in writing making reference to the email that my manager had sent to me requesting I do it this way.

The email asking me to do it in writing was sent on the same day as the meeting however due to being on annual leave I would not be picking up my emails for another 2 weeks... no contact was made to let me know straight away when I could have done something about it sooner. especially since my manager new full well the start date of my new job...

In the email my manager acknowledged that I came in to resign on that date. It also stated their acceptance of my resignation and made note of the meeting we had had, then asking me to do it in writing..

Nevertheless HR are now telling me they will only accept my written resignation and the date it was given just the other day. They will not back date it to the day I came in to resign.

I went by my managers instructions in leaving it with them to process in the first place which was their advice then there was a big U turn.

I feel ill advised by my manager, and stupid at the same time since I have always done it in writing elsewhere and I did ask should I do it at the time. I only came in to hand my notice whilst on annual leave so I had no access to my works PC so it was all very rushed in the 10 mins I was there. I was assured my manager take care of it but clearly they've been told that wasn't the process they should have followed.

As a result my start date with my new employer is now at risk if i have to give more notice. I've asked HR to look into it again.

I understand that in my contract it will mention that the company request my resignation in writing, however my manager ill advised me of the process and i trusted them, they've only recently in the last few months become a manager.

Looking at some online sources it mentions that a verbal resignation is just as binding as a written one, just that companies prefer a written one in order to back up the events?
Some sources are also saying that as long as your intention to resign is aimed at the right person in the chain, i/e your manager above and is accepted then it could be seen as binding.

Also in the email that my manager sent to me ccing HR asking me to do it in writing also acknowledged that the meeting took place and also that I handed in my resignation.

Where do I stand? It would be useful to have something legal to refer to if possible to back things up.
Otherwise I will have to chalk it up as experience!

Thanks

hcb42

I think they are being picky, and I would be inclined to politely tell them in writing that as per your conversation of xxx date, you have now arranged your start date with yyy and will therefore be finishing on [date] as previously advised...

Jinx

Agree with the above post - your Manager accepted the resignation. HR are a support function, your Manager is the person you should resign to and you did. I'd go with what HCB said.

Good luck in the new job

ValHaller

Do it in writing, as a confirmation of the original verbal notice and of the date of giving notice and of leaving. Keep hard copies of the evidence you have that you spoke to the manager.

flashnazia

If your contract says it must be in writing that is what you should have done.

Sambucus_Nigra

Hand your notice in dated a couple of days ago and say within it

'confirming my verbal notice given, and as confirmed by my manager x on yday nth of december, my last working date will be xday'.

ohreally

to be effective, a resignation must have been communicated to the employer. However, there is no rule that a resignation must be communicated to a particular individual at the employer (for example, the person named on the resignation letter) in order for it to be effective.

``````````

flashnazia

ohreally wrote: »

``````````

Yes but:

I understand that in my contract it will mention that the company request my resignation in writing, however my manager ill advised me of the process and i trusted them, they've only recently in the last few months become a manager.

However I think its worth trying to see if they will accept the earlier verbal notice especially as there is proof.

ohreally

flashnazia wrote: »

Yes but:

However I think its worth trying to see if they will accept the earlier verbal notice especially as there is proof.

I agree with you. Use a letter to confirm the managers acceptance of resignation.

Op, HR are not your friend.

Uncertain

There is no legal requirement for a resignation to be in writing.

Obviously it is easier to prove if it is written but that is not an issue in this case as the email has confirmed your verbal resignation.

As suggested, simply confirm what has already been agreed.

flashnazia

Uncertain wrote: »

There is no legal requirement for a resignation to be in writing.

Obviously it is easier to prove if it is written but that is not an issue in this case as the email has confirmed your verbal resignation.

As suggested, simply confirm what has already been agreed.

I agree with you and in the op's case there shouldn't be too much of a problem because there is evidence of his/her resignation so I say this for the benefit of anyone else reading: if there is a contractual obligation employees should always try to adhere to this to avoid any risk.